Allowed

Nandini Yogesh Patil @ Namita Hemkant Sankhe v. Yogesh Subhash Patil

Bombay HC1 Mar 2022MCA/14/2021

Case brief

AI extract

What is this about?

This order grants a miscellaneous civil application seeking the transfer of a custody petition initiated before the Additional District Judge, Palghar, to the Family Court, Bandra. The transfer is permitted due to the applicant mother acting as the custodian facing hardships and non-compliance with a domestic violence maintenance order.

What did the court decide?

Transfer of Petition No.D-15/2020 from Additional District Judge, Palghar to Family Court, Bandra.

Nandini Yogesh Patil @ Namita Hemkant Sankhe… — Child Custody and Guardianship | Bombay HC (2022)

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(14)-MCA-14-21.doc .

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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BALAJI GOVINDRAO PANCHAL

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Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2022.03.02 11:18:38 +0530

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MISC. CIVIL APPLICATION NO.14 OF 2021

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Nandini Yogesh Patil @
Namita Hemkant Sankhe ..Applicant
Versus
Yogesh Subhash Patil ..Respondent

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Ms. Nazneen Contractor a/w Vidhi A. Shah, for the Applicant.
Ms. Namita Mestry, for the Respondent.

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CORAM : NITIN W. SAMBRE, J.

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 DATE : 1st MARCH, 2022

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P.C.

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1. Petition No.D-15/2020 initiated by the respondent/
husband before the Additional District Judge, Palghar for custody of
minor daughter Priyadarshini, applicant is seeking transfer to the
Family Court, Bandra on the ground of hardship.

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2. Having heard respective counsels and having considered
objections raised by the non-applicant as regards hardship which the
non-applicant will suffer, in case, if the prayer for transfer is
granted, I am of the view that prayer for transfer needs to be
granted in terms of prayer clause (a) for the following reasons :-

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a) Applicant/wife is custodian of the minor daughter and residing along with her parents and minor daughter.

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1 o f 2

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BGP.

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(14)-MCA-14-21.doc .

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b) The order of payment of maintenance passed in domestic violence proceedings is not complied in its entirety as the non-applicant is in arrears of the amount of maintenance.

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c) For both wife and daughter, it will be appropriate and convenient to attend the proceedings at Family Court, Bandra.

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3. As such, application stands allowed.

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[NITIN W. SAMBRE, J.]

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2 o f 2

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BGP.

Nandini Yogesh Patil @ Namita Hemkant Sankhe v. Yogesh Subhash Patil

Case brief

What is this about?

What did the court decide?

Nandini Yogesh Patil @ Namita Hemkant Sankhe v. Yogesh Subhash Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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